Home secretary Theresa May criticises judges on deportation and plans new law

Home secretary Theresa May has accused judges of ‘subverting’ British democracy (Picture: Reuters)

Home secretary Theresa May has accused judges of ‘subverting’ British democracy and making the streets more dangerous by ignoring new rules aimed at deporting more foreign criminals.

In a scathing attack, she vowed to introduce primary legislation to restrict the human rights of offenders after, according to her, a minority of the judiciary decided to ‘ignore parliament’s wishes’.

The Conservative politician warned a delay in getting the new law passed would inevitably mean ‘more victims of violent crimes committed by foreigners in this country’.

‘Unfortunately, some judges evidently do not regard a debate in Parliament on new immigration rules, followed by the unanimous adoption of those rules, as evidence that Parliament actually wants to see those new rules implemented,’ she wrote in the Mail on Sunday.

She said one judge had justified his decision to let a criminal stay in the country on the basis the new guidance had been subject only to ‘a weak form of parliamentary scrutiny’.

The home secretary accused judges of making the streets more dangerous by ignoring new rules aimed at deporting more foreign criminals (Picture: File)

‘It is essential to democracy that the elected representatives of the people make the laws that govern this country – and not the judges,’ she added.

‘Yet some judges seem to believe that they can ignore Parliament’s wishes if they think that the procedures for parliamentary scrutiny have been ‘weak’.’

MPs approved new guidance for judges in July last year making clear the right to a family life – set out in Article 8 of the European Convention on Human Rights – was only qualified.

The change was designed to end cases where it was used to justify granting foreign criminals the right to remain in the UK rather than being deported.

Later on Sunday, business secretary Vince Cable said legislation would undoubtedly be popular but cautioned against ‘second-guessing’ judges.

‘I am sure she [Ms May] is right that the public mood – and that is shown across the political spectrum – believes that if people have committed very, very serious offences in this country then they should be deported, if that’s the appropriate penalty,’ Mr Cable told the Murnaghan programme on Sky News.

‘But we can’t be in the business of second-guessing individual judges’ decisions. We have an independent judiciary and we have got to respect that.

‘But if she wishes to bring in measures to prevent serious abuse of the system by overseas criminals I’m sure that will be widely welcomed.’